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LOVALLO v. RESOR

No. 919, Docket 71-1131.

443 F.2d 1262 (1971)

Lee LOVALLO, Petitioner-Appellee, v. Stanley R. RESOR, Secretary of the Army, et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 24, 1971.

Attorney(s) appearing for the Case

Lloyd H. Baker, Asst. U. S. Atty., E. D. N. Y. (Edward R. Neaher, U. S. Atty., and David G. Trager, Asst. U. S. Atty., E. D. N. Y., on the brief), for appellants.

Frederick H. Cohn, New York City, for appellee.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge:

Lee Lovallo, an enlistee and specialist E4 in the United States Army, filed a petition in the district court for a writ of habeas corpus to effect his release from military service on the ground that he was a conscientious objector. This action followed a denial by the Army's Conscientious Objection Review Board of his application for a discharge from the Army which he had filed on September 18,...

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